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HomeMy WebLinkAboutResolution - 2000-R0337 - PO - Watermaster Irrigation Supply Inc. - Furnish Pipes, Valves, & Fittings - 09/27/2000Resolution No. 2000-R0337 September 27, 2000 item 24, 2000 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Order per Bid #00-213 to furnish pipes, valves, and fittings, by and between the City of Lubbock and Watermaster Irrigation Supply, Inc., and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th ATTEST: day of September , 2000. ka ulu� "a Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: Victor Kilman, FVrchasing Manager APPROVED AS TO FORM: William de Haas, Competition and Contract Manager/Attorney gs/ecdocs/Purchord-W atermasterlrrigationSupply.res September 18, 2000 It Y 4 1 % City of Lubbock PURCHASE ORDER TO: WATERMASTER IRRIGATION BOX 64208- LUBBOCK 4208LUBBOCK TX 79464 Page 1 Date 9/28/00 Order No. 187538-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK WATER UTILITIES 98TH & MILWAUKEE (ANNEXATION AREA) LUBBOCK TX 79424 --------------------------------------------------------------------------- Ordered 09/28/00 Freight - FOB Destination Frt Prepaid Requested 10/31/00 Placed By - LAURA RITCHIE (806)775-2163 Special Ins ATTN: MIKE BUXKEMPER REFERENCE ITB ##00-213 Description / Supplier Item Ordered 6" CLASS 150 PVC PIPE 1000.000 PER BID SPECIFICATIONS, SECTION 02515 8" CLASS 150 PVC PIPE 100.000 PER BID SPECIFICATIONS, SECTION 02515 10" CLASS 150 PVC PIPE 720.000 PER BID SPECIFICATIONS, SECTION 02515 12" CLASS 150 PVC PIPE 18200.000 PER BID SPECIFICATIONS, SECTION 02515 16" CLASS 150 PVC PIPE 13100.000 PER BID SPECIFICATIONS, SECTION 02515 UM Unit Cost UM Extension Req. Dt C FT 1.8437 FT 1,843.70 10/24/00 FT 3.1851 FT 318.51 10/24/00 FT 4.8151 FT 3,466.87 10/24/00 FT 6.8244 FT 124,204.08 10/24/00 FT 12.7900 FT 167,549.00 10/31/00 This purchase order encumbers funds in the amount of $297,382.16 for a bid awarded to Watermaster Irrigation Supply, Inc. of Lubbock, Texas on September 28, 2000 (Resolution #2000-R0337) in accordance with your response to ITB #00-213, Pipes, Valves & Fittings. The following are incorporated Into and made part of this purchase order by reference: bid sybjnitted by your firm including the Bid Form; Specifications, and General Conditions of ITB #00-2131 ! % t's"F®r F4 A W� tA fWN , W�4 M APPROVP AS TO FORM: Nva William de Haas, competition and Contracts Manager/Attorney Total Order - ---------------------------------------- -- Terms 1%10, NET 30 297,382.16 TERMS AND CONDITIONS IMPORTANT. READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice, Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if appliablc, (e) Container number and total number of containers. e.g. box 1 o(4 boxes, and (d) the number oldie container bearing the packing slip. Seller shall bear cost cf packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to eogiform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship die goods under reservation and no tender of a bill of lading will operate as a tender gif goods 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender ofdaiveryofgoodsmust fully comply with all provisions of this contract as to time ofdclivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then nuke a conforming tender within the contract time but not afterward. S. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if spplicablc. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy or the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the abase instruments are submitted after delivery. & GRATUITIES. The Buyer may. by written notice to the Seller, cancel this contract without liability to Seller if it is dctcnnined by Buyer that branmities, in the foram of cnteruihiment, gifts or otherwise, were offered or given by [lie Seller, or any agent or representative of the Seller, to any officer or employee of dhc City of Lubbock with a view to securing a contract or securing favorabre treatnhem with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contact. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. l f the price stated an the face hereof includes die cost of any special tooling or special test equipment fabricated or required by Seller for the ' purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. R WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products ofthe kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty. the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer nuy cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona frdc established commercial or selling agencies maintained by the Seller for the purpose ofsecuring business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right orrights to cancel this contract without liability and to deduct front die contract price, or gidherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such conunission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seiler shall not limit or exclude any implied wananties and any atter ipt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification. drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings. and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data(including, but not limited to alcutating, comparing and sequencing) of all hardware, software and fi rtware products delivered and services provided under this Contract, individually or in combination, as the ase may be from the effective date of this Contract, Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware. software or fumware failure. The City of Lubbock. at its sole option, may require the Seller, al any lime, to dcmons"c the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub-SeBeror any turd party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City ofLubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of wamnty, implied or expressed. or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. fly. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer G PURCH/TERMCOND.DGC may rennin the product for correcsion or replacement at the Seller's expense. In the event Seller fails to nuke the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. IL NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications *niched to this agreenmuu will give rise to the rightful claim orally third pecan by way of infringement girdle like. Buyer makes no warranty this the production of goods according to the specification will not give rise to such a clabrh, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of she like. If Seller is of the opinion that an infringement or the like will result. he will notify the Buyer to this effect in writing within two weeks after the signing of this ayrecmenL If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be nut] and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for derault all or any part of the undelivered porion of this order if Selter breaches any of the ttnhs hereof including watra lies of Seller or if the Seller becomes insolvent or conmmiis acts of bankruptcy. Such right of cancellation is in addition to and not in lieu ofany other remedies which Buyer may have in law at equity. 14. TERMINATION. The perfomtance of work under this order may be tenninated in whole. eft in part by the Buyer in accordance with this provision. Temunation of work hereunder alkali be effected by die delivery of the Seller of a "Notice ofTennination" specifying the extent to which performance of work under the order is lenninated and the date upon which such termination becomes effective. Such right or termination is in adJidon to and not in liea of the rights of Buyer tat forth in Clause 13, herein. 15. FORCE MATEURE. Neither party shall be held responsible for losses, resulting iftre fulfillment ofany demurs ofprovisions ofthis contract is delayed or prevented by any Cause not within the control orthe party whose perfomunce is interfered wills, and which by die exercise of reasonable diligence said parry is unable to preverrL 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written pemtission of the Buyer. Any attempted assignment or delegation by Seller shall be %%Iwlly void and totally uief active for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claint or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement For bids, and any other documents provided by Seller as pan ofhis bid, is intended by die parties as a final expression oftheir agreement and intended also as a complete and exclusive statement of the term of dneir agreement. Whenever a lemi defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used. it shalt be construed as meaning 1h;' Uniform Commercial Code as adopted in die Sate of Texas as effective and in force on die. date Ofthis 26=111cnL 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perforin he may demand that the other pany give written assurance ofhis intent to perform. In the event that a demand is shade and no assurance is given within five (S) days, the demanding party rmhay treat this failure as an anticipatory repudiation of the contract. 2t. INDEMNIFICATION. Seller shall indcnmiry, keep and save hamdcss the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims. suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which nuy anywise result dherefronh, whetter or not it shall be alleged or determined that the act was caused through negligence or emission ofthe Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall. at his own expense, appear, defend and pay all charges ofaetomeys and all costs and other expenses arising therefrom ofincurred in connection therewith, and, if any judgment shall be tendered against the Buyer in any such actor, the Seller shall, at its own expenses. satisfy and discharge the same Seller expressly understands and specs that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to Indemnify, keep and save harmless and defend the Buyer as herein provided. 2L TIME It is hereby expressly aged and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of tliis agrcomcnt will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby Notifies all bidders that in regard to any contract emend into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of Lace, color, sex or natural origin in consideration for an award.